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I just saw this happen 3 times on the way to Tennessee from New York. The first two happened in Syracuse and Buffalo respectively. Being Memorial Day weekend and all, on the second stop/checkpoint I struck up a conversation with the captain.

So he quoted the case listed above, and we talked about due process.

Now, what he told me is that I don't have to answer his question. It would violate the 4th and 5th if he took it further if i did not answer. He did state after my non answer (those of us he termed "ugly americans") he would profile me to determine if I warranted further scrutiny.

I was a little concerned to say the least, when I tested this out in Erie and ignored the agent.

By opening a conversation with an agent, anyone who answers has opened themselves voluntarily to questioning. Because America is a melting pot of ethnicities, one would be hard pressed to discern whether a non-responsive rider was not a citizen or not without the use of racial profiling. As my fellow riders observed, not one caucasian immigrant, (Russian, Scandinavian) where harassed, only those of ethnic minority features.

I am not sure what is told to them about answering honestly and open, but if this holds true and they do not have to respond, it is they who determine their own fates. Perhaps, the ACLU could be alerted and help make a packet for traveling immigrants to help prevent gross violations?

For the record, I believe that people who come here legally should not be harassed like this. A gentleman from Iowa whom I sat next to worked his ass off for his green card. He was harassed a multitude of times which is when I got frustrated. It is the bad apples(illegal immigrants) that have spoiled the system for the bunch(legal Immigrants) and while we opine on the fairness of our immigration laws, those we want to protect originally (legal immigrants) are ultimately being affected by our agendas.